Appeal No. 1996-3536 Page 8
Application No. 08/509,006
The examiner has the initial burden of presenting
evidence or reasons why persons skilled in the art would not
recognize in an applicant's disclosure a description of the
invention defined by the claims. In re Wertheim, 541 F.2d
257, 265, 191 USPQ 90, 98 (CCPA 1976); Ex parte Sorenson, 3
USPQ2d 1462, 1463 (Bd. Pat. App. & Int. 1987).
In our view, the examiner has not met this initial burden
of presenting evidence or reasons why persons skilled in the
art would not recognize in the appellant's disclosure a
description of the invention defined by the claims. In this
regard, we note that the examiner has not (1) identified the
claim limitation not described; and (2) provided reasons why
persons skilled in the art at the time the application was
filed would not have recognized the description of the claimed
limitations in the disclosure of the application as filed.
We have reviewed the specific concern stated by the
examiner in this rejection (i.e., the deletion of "CFB"), but
find nothing therein which supports a rejection based upon the
written description requirement of 35 U.S.C. § 112, first
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